2025 (2) TMI 1654

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....at the assessment records in this appeal are not traceable. Whereas on the contrary, the Ld. AR disputed the said fact and objected to the application for seeking adjournment application moved by the department. Therefore, after having gone through the court file I found that the present date for addressing arguments is the 7th opportunity, whereas on previous occasions also the Ld. DR had sought adjournment on identical grounds. Even on last date of hearing i.e 20.01.2025, the Bench had given 'last opportunity' to the department for addressing the arguments but even then, today another application for seeking adjournment on the same pretext has been moved. Therefore, considering the above facts I find no reason in giving further adjournmen....

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....al ground being raised by the assessee is purely legal in question and no separate evidences is required for adjudicating the same and since this ground raised by the assessee goes to the roots of the case, therefore, keeping in view the principles laid down by the Hon'ble Supreme Court in the case of NTPC Vs. CIT, 229 ITR 383 and Jute Corporation India Ltd Vs. CIT, 187 ITR 688. I allow the application of the assessee and admit the additional ground raised for adjudication. 6. Since the additional ground raised by the assessee is purely on legal ground and goes to the roots of the case therefore I have decided to adjudicate the same firstly. 7. This ground raised by the assessee relates to challenging the order of reopening of assessm....

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....ing considered the factual position, I am of the view that failure to furnish reasons recorded for issuance of reopening notice to the assessee before completion of assessment would make the entire reassessment proceedings and consequential order in pursuance of such notice "bad in law" I am further of the view that It is axiomatic that power to reopen a completed assessment under the Act is an exceptional power and whenever revenue seeks to exercise such power, they must strictly comply with the prerequisite conditions, viz., reopening of reasons to indicate that the Assessing Officer had reason to believe that income chargeable to tax has escaped assessment which would warrant the reopening of an assessment. These recorded reasons as laid....